Contentious Probate Solicitors Newcastle

When You Can Challenge a Will & How to Get Started

If you suspect that a will is not valid or that you’ve been unfairly excluded and you live in or around Newcastle, we partner with highly experienced contentious probate solicitors who can help. Challenging a will means asking the court to declare the will, or part thereof, as invalid, or that you should receive provision under the Inheritance Act 1975. This act is for those who were financially dependent on the deceased and believe they have not been reasonably financially provided for.

If you have questions or want to challenge a will, contact our team today for a free consultation.

When can you challenge a will?

1. Legal standing – you must have an interest

You can only challenge a will if you have legal standing. This means you must be a beneficiary of the will, or under a previous will, or (if there is no will) someone who would inherit under intestacy, such as spouses, children or other dependants.
Under the Inheritance Act you must generally be a spouse or civil partner, a child (including adopted children), someone treated as a child, or a dependant of the deceased.

2. Valid grounds to challenge the will (validity of the will)

There are different grounds by which you can argue that a will is invalid. These may  include:

• Lack of testamentary capacity: The person making the will didn’t understand what they were doing which includes factors such as comprehend the extent of their assets and property and be free from any mental disorder which may influence distribution of their estate.
• Lack of proper formalities: The will must comply with the formal requirements under the Wills Act 1837 (writing, signature, two witnesses etc).
• Lack of knowledge and approval: The testator didn’t know or approve the terms of the will.
• Undue influence or coercion: Someone pressured or coerced the testator into making or changing the will.
• Fraud or forgery: This may include the creation of a false will or alterations, or concealment of a will, or when the testator was misled into signing.

3. Claims under the Inheritance Act – financial provision

Even if the will is valid, certain people can claim that the deceased did not make reasonable financial provision for them. That claim falls under the Inheritance Act. The law allows a spouse, child, person treated as a child, or someone maintained by the deceased to ask the court to order that the estate provides for them.

Time limits – act promptly

Time is critical. For many Inheritance Act claims, you must start within six months of the grant of probate.
>For validity challenges, there may be no strict time limit, but the longer you wait the harder the claim may become (loss of evidence, assets distributed, etc).
If probate is already granted and assets distributed, it becomes more complex and costly to challenge.

What steps should you take to get started?

Step 1: Get legal advice from a specialist contentious probate solicitor

If you live in Newcastle or surrounding areas, your first move is to consult a solicitor who specialises in contentious probate. They will assess whether you can challenge a will and potential prospect of success, as well as advising you on risks and likely costs.

Importantly, early advice can help you to avoid losing your chance to contest a will, as well as preserve evidence from becoming misplaced or lst.

Step 2: Gather your evidence

Once you decide to proceed, you will need to gather relevant evidence. This may include

• A copy of the will (once probate is granted it becomes public).
• Medical records of the deceased around the time the will was made (for capacity/knowledge issues).
• Witness statements of those who witnessed the will or relevant documents showing how the will was executed.
• Records of the deceased’s finances, assets, and proof of any dependency relationship you had.

Step 3: Consider preventing probate or distribution

If probate has not yet been granted, your solicitor may advise you to enter a caveat with the Probate Registry. This prevents the grant of probate for six months and can be extended.
This is a vital step if you suspect the will is invalid or that the estate is about to be distributed in a way you cannot later challenge effectively.

Step 4: Submit a claim or negotiate

Depending on the situation, your solicitor may try to resolve any dispute through negotiation or mediation. This can reduce cost, delay and family conflict. If that fails or is not appropriate, the next step will be for your solicitor to contest the will in court:

• For validity: challenge the will by applying to set it aside or declare it invalid.
• For financial provision: file a claim under the Inheritance Act within the time limit.

Step 5: Litigation or settlement

If the claim proceeds, both sides will exchange evidence. There may be interim hearings, and ultimately a full court hearing may decide the matter. However, many cases settle before full trial.
Your solicitor will advise on costs, risks and what can happen if you lose. For example, you may have to pay other parties’ legal costs.

Step 6: Outcome and next steps

If the court finds the will invalid, an earlier valid will (if one exists) or intestacy rules apply. If an Inheritance Act claim succeeds, the court may order a sum or interest from the estate to you.

Make sure you understand what happens following the decision. For example how the estate is administered, how your claim is implemented, and how costs are handled.

Why acting early matters & key practical tips

It’s crucial to start as early as possible because:

• Asset distribution: If assets are already distributed, tracing them back becomes more difficult and costly.
• Evidence preservation: Medical records, witness recollections and financial documents are more tricky to gather over time
• Cost control: Early negotiation often avoids expensive court proceedings and minimises legal costs.
• Clarity for all: A timely challenge means the executors, beneficiaries and claimant all know where they stand. This helps to reducing uncertainty and family conflict in an emotional time.

Practical tip: If you believe you may have a claim, don’t wait until probate is granted and the estate is handed out. Contact a specialist solicitor now, gather your documents, ask about entering a caveat if appropriate.

Get Started Today

Get in touch with our team and we can provide clear guidance on what to do next.

Our panel of contentious probate solicitors offer a range of fee structures, including ‘No Win, No Fee’ for certain cases, along with other flexible funding.

📞 Call us at 0333 358 3034 for a free no-obligation chat or visit Jefferies Claims Contact Us Page.

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.